The Siderfin Family of West Somerset © 2023 by Elizabeth (Blake) Kipp is licensed under CC BY-NC-SA 4.0
Appendix 3
James Sanders text on the land dealings involving the Siderfin and Foster families.
Savage[1]’s “Hundred of Carhampton”, contains the following: - “In the reign of Queen Elizabeth[2] there were some proceedings in Chancery in which James Foster was plaintiff, and Robert Siderfinne defendant, respecting a lease of Land parcel of the Manor of Luxborough of which Manor, John Foster, the plaintiff’s grandfather was Lord and after him James Foster the plantiff’s Father who demised the said Land to William Sidervin deceased[3].[4]
Figure 22: History of the Hundred of Carhampton in the County of Somerset (two images) [5]
This William Sidervin (note difference in spelling), married[6] a Wilmot Foster, who were the parents of the aforesaid Robert Siderfinne.[7]
Chancery Proceedings. Elizabeth, F. 3. 54. (Without date.)[8],[9]
Transcript (mem. 1)
To the right honorable Sir Thomas Bromleye knight Lord Chauncellor of England[10].
Discovery catalogue description: Reference C 2/Eliz/F3/54. Plaintiffs: James Foster. Defendants: Robert Siderfinne. Subject: For discovery respecting a lease. Land, parcel of the manor of Luxborough, Somerset, of which manor John Foster, plaintiff’s grandfather was lord; and after him James Foster, plaintiff’s father, who demised the said land to William Siderfinne, deceased. Document type: [Pleadings]. Date: Between 1558 and 1603. Held by: The National Archives, Kew.[11]
Humblie complayninge sheweth unto your good Lordshipp your pore and daylye oratour James Foster. That where one John Foster deceased graundfather unto your said orator was in his Lyfe tyme lawfullie seased in his demeasne as of Fee of and in the Mannor of Luxborowe Eve with th’appurtenaunces in the Countie of Somerset Divers of the Landes and tenementes of whiche Mannour are customarye Landes and bye all the tyme whereof the memorie of man is not to the contrarie have benne dimisable and used to be demised bye Copye of Courte rolle of the same Mannour. And the sonne John Foster beinge thereof soe seased aboute thirtye two yeares nowe Laste paste Died thereof such an estate seised bye and after whose deathe the same mannour descended and came unto one James Foster now Lykewise deceased Father unto your said oratour as sonne and heire unto the said John Foster who entered into the same Mannour and was thereof lawfullie seased in his demeasne as of Fee accordinglye Soe hit is yf hit maye please your good Lordshipp that shortlye after that is to saye aboute thirtye yeares nowe Laste paste certaine controvercie and variaunce grewe between the same James your said oratours Father of thone partye and one William Siderfinne nowe alsoe deceased of thother partye touching and concerninge a certaine Interest and terme for years not yeat expired which the same William then pretended to have of and in one Tenement and Fowerscore acres of Land meadowe and pasture or thereaboutes parcell of the said customarie Landes of the said mannor of the demise and graunt in writing of the saide John Foster as the said Syderfinne pretended whiche variaunce afterwardes bye their submission and agreement was comprimitted to the determinacion and awarde of one Thomas Pearce and Richard Elseworthie who upon examinacion theirof bye the consent of eche of the said parties did awarde forasmuche as the said Tenement was Copyhold Lande and that they could not directlie understand that the saide John Foster ever made anye suche lease therof unt[o the sa]me William Siderfinne that therefore the said James Foster should make an estate of the said Tenement bye Copye of Court rolle of the said mannour of Luxborowe Eve unto the [said William] Siderfinne for the terme of his Lyfe according to the custome of the same mannour and that thereupon the same William should bringe in the said pretended Lease and surrender the [same wit]h all thstate he challenged bye the same into thandes of the said James Foster. Wherupon the same James Foster shortlye after at a Courte holden within the said Mannour bye copye of Court rolle accordinge to the custome of the same amnnour did graunte the said Tenement unto the said William Siderfinne for the Terme of his lyfe accordinglie who willinglye accepted therof and was contented to relinquishe his former Claime in respect of the said pretended Lease and then and theare faythfullye promised in the presence and hearinge of the said Thomas Pearce and Richard Elseworthy and of one Walter Putham John Howe with others that he would not onlye bringe in and deliver the said pretended Lease into thandes of the said James Foster, but also that he would not at anye tyme after that make anye challenge or claime to the said Tenement bye reason of the same Lease but would hold himselfe to the said estate bye Copye And afterwards the same William Siderfinne enjoyed the saide Tenement bye the space of sixe or seaven and twentie years bye vertue of the said graunt by Copye and did his Suytes and services and appeared att the Courtes of the said Mannour as a copiholder of the same Tenement And afterwards the said James Foster the Father by sufficient appearaunce in the Lawe graunted the said Tenement unto your Oratour for the terme of threscore years determinable upon the deathe of your said Oratour and of suche woman as he shoulde First have to his wife The said Terme to beginne immediatile upon and after the Deathes of the said William Siderfinne and of Willmote his then wife Who by the custome of the same mannour was to enjoye her Widows estate in the said Tenement after the Deathe of her said Husband or other surrender or Forfeture of the said estate by Copye after which and aboute two years now Laste paste the said William Siderfinne Died upon whose death an heriott was paide and other ceremonies of the said Custome observed And the said Willmott then his wife was after his said death admitted tenaunte and entred into the said Tenement and thissues and profites therof toke for her Widows estate accordinge to the custome of the said Mannour as afforesaid and according to the said arbitrement and composicion afforesaid untill aboute halfe a yeare nowe Laste paste the same Willmott alsoe died[12] After whose Deathe your said Oratour into the said Tenement did enter as Lawfull was for him to doe Wherupon one Robart Siderfinne sonne of the said William pretendinge to have taken thadministracion of his said Fathers goodes having gotten into his hands the said Lease for yeares supposed to be made by the said John Foster as afforesaid and which was compounded for in respecte of the said estate made by copye unto the said William Sidefinne and by him enjoyed as is afforesaid and promised to be delivered uppe and no further claim to be made unto the said Tenement by the same as is alsoe before declared hathe of Late by colour thereof entred into the said Tenement and expulsed your said oratour from the possession of the same and the same deteyneth against your said oratour myndinge to enjoye the same for divers years yeat not expired of the said pretended Lease contrarie to all right and equitie beinge the onlye things which the said James Foster appointed and Lefte unto your said Oratour for his porcion of Livinge In consideracion wherof and forasmuche as your said Oratour hathe no waye nor meane to be holpen touchinge the said pretended Lease wherof there are divers years yet enduringe but chieflye and in effecte onlye by the testimonye of the said Thomas Pearce and of the said arbitratours and of the said John Howe and Walter Putham and certaine others Tennauntes of the said Mannour whoe are verye aged and impotent men not Like by the Course of nature longe to Leve nor able to be produced anyewhere to Depose their knowledge in the premisses in anye accion which your said Oratour shall use for recoverie therof and soe is Lyke to be without all remedye to his utter undoeinge for ever unless he be holpen by thorder of this honorable Courte Hit maye therfore please your good Lordshippe the premisses considered to graunte the Queenes Majesties moste gracious write of Subpena to be Directed unto the said Robarte Siderfinne comaundinge him bye the same at a daye and place certaine and under a certaine payne therin to be Limited and appointed personallye to appeare before your Lordshippe in the Queenes Majesties Highe court of Chauncerie then and there to shewe cause unto your Lordshippe and the same Courte why a comission should not be awarded unto certaine Indifferent gentlemen by your Lordshippe and the same Courte to be assigned to take the Deposic[ions of th]e said Thomas Pearce Walter Putham John Howe and others touchinge the premisses and the same to certifye and retorne into her Majesties said Courte of Chauncery there [to remain] of recorde emongest other her Majesties recordes in perpetuam rei memoriam and your said oratour shall daylye praye for your Lordshippe in honour Longe to continewe.
Abstract (mem. 2)
Sworn before Matthew Carew
The Answer of Robert Syterfen to the Bill of Complaint of James Foster
Denies truth of bill. Says that John Foster, plaintiff’s grandfather, was seised of the manor of Luxborough Eve; that he died about forty years ago; that James Foster, son of said John, “in consyderacion that One Willim Syterven father unto the Sayd nowe defendant shoulde Espouse and Take to wyffe One Wilmott foster daughter unto the Sayd John Foster,” leased the tenement in question to the said William and Wilmot about 26 Henry VIII. [1534-5] for 60 years, as Wilmot’s marriage portion[13]. Denies the variance, submission and award, and the suits and heriot. “But he sayeth that one Alexander baker in the ryght of one Johan Foster wydowe who claymed the Sayd Mannour for term of her lyffe by force of A devyse made by one John Foster her husband Sonne and heir unto James Foster wrongfully for a Heriott Toke A Colte of the sayd William Sytervens, the Sayd Colt Beinge not Taken uppon the tenement but uppon A Common therunto adjoyninge.” Wilmot, defendant’s mother, died half a year since, leaving defendant as her sole executor. Witnesses named in the bill are well able to appear at the country assizes, and plaintiff has already taken suit against defendant at the common law. Prays to be dismissed with costs.
Abstract (mem. 3)
The Replication of James Foster, Complainant, to the Answer of Robarte Syderfynne, Def[endan]t.
Maintains the truth of his bill. Prays as he before hath prayed.
The rejoinder of defendant, Chancery Proceedings, Elizabeth, F. 1. 8.
Public Record Office
Chancery Proceedings. Bills and Answers.
Elizabeth, F. 1. 8.
Transcript
Walrond
From the Discovery Catalogue, National Archives: Kew – Court of Chancery: Six Clerks Office: Pleadings, Series I, Elizabeth 1 to Charles 1. Elizabeth 1. F plaintiffs: originally 10 bundles. Foster v Siderfyn. Plaintiffs: James Foster. Defendants: Robert Siderfyn. Subject: Rejoinder only. Document type: Rejoinder only. 17 Nov 1558 – 24 March 1603. Reference C 2/Eliz/F1/8. Litigation.
The rejoinder of Roberte Siderfeyn defendant to the replicacion of James Foster complainant.
The said Defendant by waye of rejoinder sayeth in all and everie thinge as he in his said Answeare hath before said and doth and will verifie and aver all and everie thinge and things in the same conteyned to be Just and trewe in manner and forme and to suche effect as in the said Answeare is conteyned and that the said John Foster especiallie for the advancement in marriage of the said Wilmothe his daughter to and with the said William Siderfyn did about the tyme mencioned in the said Answeare Graunte and Assuer by his dede Indented the said Tenement conteyned in the said bill of complainte unto the said William and Wilmoth To have and to hold the same tenement unto the said William and Wilmothe their executors and assignes for and during the whole and full terme of threescore years to be accompted from the daie of the date of the said dede indented And that the same demise and graunte was thonlie portion that the said John Foster did in anie manner of sorte geve assure or convaye unto the said William Siderfyn for taking of the said Wilmoth to his wedded wiefe And further that the said Lease is neyther a pretended or fayned Lease but a Lease lawfullie obtained and derelie procured in that the said William mought have had a some of money in recompence of maryage farre excedinge the valeue of the said Lease And also that the said James Foster the nowe complaynaunte ne yet the said James Foster sonne of the said John Foster mought with equitie or good Conscience impeache the said Lease Laufullie made as aforesaid And that the Lease is not determined or made voide by anie award had or made as in and by the said bill of Complainte is pretended but remayneth good and available to the defendant as executor of the last will and Testament of the Wilmothe beinge the . . . . . [Some words missing in 7 lines owing to a hole in the parchment.] our as in the said Answeare is sett fourthe especiallie for y[e]t the said William Siderfyn neyther d . . . . his said estate or was admitted at anie tyme tenaunt to the said tenement in anie Courte holden in and . . . . [M]annor by Reason of anie graunte pretended by the Complainant to bee to hym made by copie of Courte Rolle of the . . . .. ne yet was the said James Foster in anie sorte abell to graunt Lawfullie by copie of Courte Rolle the said . . . . said William Siderfin in that the same being before demised by dede indented (as the said defendant the . . . . ll to make good proofe) was noe longer copyhold lands nor of the nature thearof; ne yet demisable by the Cus[tom] of the said Mannor And farder for Rejoynder the said defendant sayeth that the suite exhibited into this most honorable Courte is rather of purpose commensed against the defendant by expences in Lawe to be sustained in and about the same and so consequentlie in Respect of the charge to inforce him to geve over his Rightfull estate by the constraynement then on anie Juste cause ministred by the said defendant And also sayeth that the Complainant cannot Justlie thincke that the said William having suche an estate in the said tenement to hym and the said Wilmothe made as aforesaid would or could be contented ne yet anie consionable Arbitrators would thincke expedient to alter and change so certein and Assured terme for many years into a defesabell estate by copie of Courte rolle of the said Mannor, and of noe validitie in the Lawe And also that the said persons particulerlie named in the said bill of Complainte and every of them are verie well abell to travel as witnesses and be produced by the said Complainant unto the Assises to bee holden in the Countie of Somerset for the trial of an Issue upon a suite comensed by the said Complaynaunte against the said defendant when they be at Issue Redie to goe to trial And therefore the said defendant hopeth that it shalbe ordered by the direction of this Moste Honorable Courte as well as for that the said Complainant sic] hath before the said bill exhibited into this most honorable Courte taken suite against the same Complaynaunte [sic] by the Course of the Common Lawes for the titell and trial of the said Lease and also for that the said persons nominated in the said bill are very well abell to travel as before is declared as Witnesses to anie place where the tryall of the said cause shalbe and also further most humbly prayeth that the said Complainant be not suffered to examine anie witnesses touching the surmised matters but that the same witnesses in proper person for the more indifferent Juste and equall tryall maye be prodused whereby their testimonie maye the more lyvelie and truelie appeare and set fourthe without that anie other matter material to be rejoyned unto and in the said replicacion conteyned and not heare-in the sufficientlie rejoyned unto confessed and avoided traversed or denyed are trewe all which matters the said defendant is Reddie to aver and prove as this most Honorable Courte shall award and prayeth as he in his said Answeare before hath prayed.
No evidence of the result can be obtained.
Appendix 4
Thomas 4 (Robert 3, William 2, John 1), the third son of Robert, was a local Justice of the Peace, and lived at South Wheddon. Finding references to South Wheddon at Kew proved to be interesting with John Foster having held land there in 1524. I could not find a reference to Thomas Siderfin holding land there in the 1600s. His son also Thomas Siderfin who left his will in 1678 does not mention South Wheddon either. But earlier in the discussion on land differences between William Foster and William Siderfin the Foster family had held land at Luxborough which later appears to be part of the Siderfin family holdings in the early 1600s.
Noted events in the life of Thomas 4 (Robert 3, William 2, John 1) were:
One of the first items from the early days of Thomas Siderfin being Justice of the Peace following the beginning of the Commonwealth Period in England (1649 - 1660):
James Sanders writes: After 1641 the churchwardens no longer sign the registers, and on the expulsion of Mr. Knolles, the customary paid registrar seems to have taken them over. The following note occurs under the date 1653: "Bee it remembered that the 24th day of November, 1653, William Atwell, of Mynhede, was the sworn Register their according to the Act of Parliament in that case made and p[ro]vided. [Signed] Tho. Siderfin." [14]
A lengthy section of James Sanders book talks about West Somerset and Appendix 1 of this revision is a collection under the title “West Somerset by Chadwyck Healey”
This section on East Harwood was added to show the status of Thomas 4 Siderfin Justice of the Peace (Robert 3, William 2, John 1), perhaps. The property would have passed to the eldest son of Thomas 4 namely Thomas 5 Siderfin (Thomas 4, Robert 3, William 2, John 1) of the Middle Temple (London, England) who died in 1681 heavily in debt and did not have a male heir. By1688 the property [Croydon] was in the possession of Robert Siderfin (Thomas 4, Robert 3, William 2, John 1) (younger brother of Thomas).
Thomas Siderfin the elder, of Luxborough, Somt., gent, Will dated 6th Nov., 1675. No proof. To be buried at Luxborough. To the poor £10. Johan my wife. My son Robert Siderfin. To my son Thomas Siderfin £50 and all my law books. To all my children "on peece of Barbary gould." My grandchild Da..[15].(?) and Johan my wife Exixs. South Wheddon and grandchildren, Thomas and James Darch, £10 each; sealed three cups; £20 to poor of Carhampton; £20 do. poor of Dunster.[16]
Searching on Thomas Siderfin at Kew yielded 31 records with twenty of them being in the time period 1600 – 1699. One rather interesting one that I had not noted earlier was Siderfin’s Estate Act (Reference: HL/PO/JO/10/1/523/1470) wherein the estate of Thomas 5 Siderfin, deceased, was to be sold for payment of debts 13 Dec 1699. This is perhaps referring to Thomas 5 Siderfin, son of Thomas 4 Siderfin and Johan and the will of Thomas 4 Siderfin appears above dated 1675. This Thomas is the third son of Robert Siderfinne and brother to William Siderfin who was married to Christian. Unfortunately this will has not survived. In the original book which James Sanders wrote he does have a picture of a copy of the seal which was used by Robert 5 Siderfin in 1700. More information on Robert Siderfin 5 in 1700 later.
James Sanders’ information with respect to Thomas 4 Siderfin, JP.[17]
This man evidently bore arms, as [t]his will is sealed with his crest and arms, "3 cups (covered)." (See Appendix 7) He gave to his son Thomas a tenement called Crodon (Crowden) (Croydon); to wife tenement in Alcombe and 12 acres in Alcombe Marsh; to son Robert pasture or meadow grounds called Loveleases, in parish of Mockeluy; to son Robert tenement called South Wheddon. He also edited Siderfin's Law Reports, 1657-1670.[18]
It is recorded in the entries of marriages twenty-two were celebrated between 29th Sept., 1653, and 11th July, 1657, before Justices of Peace, according to form prescribed during the Commonwealth, nineteen of which were celebrated by Thomas Siderfin, two by George Luttrell, and one by Charles Stayings, of this form:
Be it remembered that a contract of marriage betwixt Hennery Wattes or Porlock single man and Joan Barker of the parish of Culboone singlewoman hath bin publyshed three severall Lordes dayes in the Church of Porlock according to Act of Parliament in that cause provided by mee John Raymond Register.
Be it remembered that Hennery Wattes of Porlock and Joan Barker of Culboone were married in the presence of John Raymond David Weler and others according to the Act of Parliament in such cause provided by Thomas Siderfin one of the justices of the peace of the Countey of Somerset the 6th of February, 1656. Thos. Siderfin. [19]
In a will of Edmund Knolles, of Minehead, merchant, 1647-executors, Thomas Syderkyn, of Carhampton, and John Question, of Dunster.[20]
[1] Savage, James, History of the Hundred of Carhampton in the County of Somerset, Publisher: William Strong, Bristol, 1830, p. 259-260
[2] Queen Elizabeth I, 1558-1603
[3] Calendar of proceedings in Chancery, p. 292, No. 54.
[4] James Sanders, History of the Siderfin Family of West Somerset, 1912, page 6
[5] Savage, James, Ibid, pages 259 260; Queen Elizabeth I reigned from 1558 – 1603, the discussion for the Chancery mentions that the document is without date. Fortunately, the document mentions Sir Thomas Bromleye knight Lord Chauncellor of England and he occupied this position until 11 Apr 1587 thus giving us a date range for this document between 1558 to 1587. It is known that William Sidervin, his father died in or before 1572 and his mother by 1579. That would appear to date this proceedings between 1579 and 1587.
[6] Figure 4 has a date for this marriage between William Sidervin and Wilmot Foster of 1534. One of the several Chancery Proceedings which James Sanders transcribed and entered into the published account of “History of the Siderfin Family of West Somerset” namely Elizabeth, F. 1. 8 does state that John Foster in order to advance the marriage of his daughter Wilmothe (Wilmot) Indented this tenement about which the Chancery Proceedings are being established for a sixty year period from the date of indention. It is also stated in the Chancery Proceedings. Elizabeth F.3.54 that John Foster (father of Wilmot) has been dead for thirty two years at the time of this indenture. The Chancery Proceedings took place between 1579 and 1587 giving a window for the death of John Foster between 1547 and 1552.
[7] James Sanders, History of the Siderfin Family of West Somerset, 1912, page 6
[8] C 2/Eliz/F3/54, 17 Nov 1558 -24 Mar 1603, Archives of the United Kingdom website, accessed 28 Mar 2022
[9] James Sanders, History of the Siderfin Family of West Somerset, 1912, pages 6-13
[11] The bolded text is added by the author, Elizabeth (Blake) Kipp
[12] Figure 4 has a date of probate for the will of Wilmot Siderfin of 1579 and this document states that it is a half a year since Wilmot has died. The date for this Chancery Proceeding C2/Eliz/F3/54 would be perhaps 1579-1580 assuming that her will was probated immediately after her death
[13] Verification of the sixty years lease for the marriage portion
[14] James Sanders, History of the Siderfin Family of West Somerset, 1912, Page 18
[15] Likely Darch, Anne Siderfin married Johannes Darch 9 Feb 1681 at Luxborough, Somerset, England although the dates do not synch particularly well but his grand daughter may have been pregnant at the time of his writing the will - Thomas Siderfin (Robert 3, William 2, John 1)
[16] Abstracts of Somerset Wills. Brown, F. (Series 3, 90)
[17] Crest of the Siderfin Family used by Thomas 4 (Robert 3, William 2, John 1), James Sanders, History of the Siderfin Family of West Somerset, 1912, page 33
[18] James Sanders, History of the Siderfin Family of West Somerset, Exeter, 1912, page 19
[19] Ibid, pages 19-20
[20] Ibid, page 20
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